Bankruptcy 2013: Recent Developments

This program tackles recent developments, areas of bankruptcy practice generally unfamiliar even to the experienced consumer bankruptcy lawyer (whether representing either debtors or creditors), and the emerging crisis in student loan debt.

8:15 a.m.

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8:30 a.m.

The Student Loan Tsunami Student loan debt now exceeds consumer mortgage debt. It undermines the ability of workers to save for their future. It deters young people from pursuing higher education at all. Bankruptcy offers relief under some circumstances, but the path is neither clear nor easy. This session offers cutting-edge strategy and tactics in pursuing and defending the discharge of student loan debt–and what you should and shouldn’t promise your client in the process.

The Edge of Advocacy: Drawing Lines in the Law’s
Shifting Sands Every lawyer knows not to jump off the ethical cliff. However, it is not always clear where the edge is located. And sometimes the edge moves unexpectedly. How can you proceed on unfamiliar ground where an inadvertent or overly aggressive misstep can send you into the ethical quicksand?

Peter C. Fessenden, Esq.
Alan P. Kelley, Esq.
Tanya Sambatakos, Esq.

11:15 a.m.

30 minute break

11:45 a.m.

Case Law Update What you don’t know can hurt you! What have the Supreme Court, the First Circuit, the BAP, and the Maine bankruptcy bench written over the past year that is important to your practice?

Square Pegs in Square Holes/Round Pegs in Round Holes: Individual Chapter 11 cases and Chapter 12 Cases Most bankruptcy practitioners are familiar with Chapter 7 and Chapter 13. There are other options. When is a Chapter 11 filing necessary or advisable for the individual debtor? What does creditor’s counsel do differently in a Chapter 11 case? Chapter 12 is available for farming and fishing families. It has the strength of Chapter 11 with fewer burdens. It can do everything that can be accomplished in Chapter 13 without the timing and home-modification restrictions.